Banning animals, asking for 3 months deposit… what the owner has no right to demand from his tenant

The landlord is not entitled to prohibit certain things from his tenant when he signs to rent a dwelling. This is regulated by law. We explain.

The search for an apartment to rent has become a real obstacle course, particularly in large cities where the supply of housing is limited and demand, especially as summer approaches, indicates BFMTV. Faced with this situation, some landlords impose requirements that can be abusive and even illegal. Here are some of the abusive clauses listed by the official website service-public.fr.

Requesting a three-month deposit

It is illegal for a landlord to request a security deposit equivalent to three months' rent. For unfurnished accommodation, the deposit must not exceed one month's rent excluding charges, and for furnished accommodation, it is limited to two months' rent. The landlord cannot increase the amount of the deposit during the lease or when it is renewed.

Prohibiting pets

A tenant has the right to have pets in their accommodation, whether it is empty or furnished, provided that they respect the peace and quiet of the neighborhood. The only animals prohibited are category 1 dogs (attack dogs), provided that this is specified in the lease. The tenant remains responsible for any nuisance or damage caused by their animals.

No smoking

A landlord cannot prohibit a tenant from smoking in the accommodation. The tenant has the right to enjoy the accommodation as he wishes, and this freedom includes the right to smoke, as long as it does not cause damage to the property.

Prohibit hosting friends

A tenant may temporarily host friends or family. Any clause prohibiting the hosting of people who do not usually live in the accommodation is illegal. However, this accommodation must be free of charge, otherwise it could be considered subletting, which is often prohibited without the landlord's agreement.

Prohibiting certain activities

Landlords cannot restrict the freedom of tenants to exercise political, union, associative or religious activities in their accommodation. Any such clause is considered abusive.

Requiring payment of rent by direct debit

A landlord cannot impose a particular method of payment, such as direct debit, for the rent. A clause requiring direct deduction from the tenant's salary is also illegal.

Requiring additional amounts to be paid

The landlord cannot request additional fees beyond the rent and security deposit for signing the lease, even if this condition is mentioned in the contract.

Imposing a specific home insurance contract

Although the tenant is required to take out home insurance, he is free to choose the insurance company. A clause that would require the landlord to choose an insurer is void.